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eBook details

• Title: Carlson v. Northern Pac. Ry. Co.
• Author : Supreme Court of Montana
• Release Date : January 07, 1929
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 60 KB

Description

Appeal and Error ? Former Ruling of Supreme Court on Reversal of Judgment is Law of Case on Retrial as Well as on Subsequent Appeal. 1. Where the supreme court, in deciding a case on appeal, states in its opinion a principle or rule of law necessary to the decision, such pronouncement becomes the law of the case and must be adhered to throughout its progress thereafter in the trial court or on subsequent appeal, even though the supreme court upon its then consideration may be clearly of opinion that its former decision was erroneous; in that particular case it is a final adjudication from the consequences of which the appellate court may not depart, though in others the court is at liberty to modify or overrule the principle announced.

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